Delhi High Court Issues Notice On Tahir Hussain's Plea Challenging UAPA Charges Invoked Against Him In Delhi Riots Larger Conspiracy Case

The Delhi High Court on Friday issued notice on a petition filed by former Aam Aadmi Party Councillor Tahir Hussain challenging the UAPA charges invoked against him in connection with the Delhi Riots larger conspiracy case and also seeking for quashing of sanction granted in this regard.

A single judge bench comprising of Justice Mukta Gupta issued notice after hearing Senior Advocate Mohit Mathur appearing for Hussain.

FIR 59/2020 contains stringent charges including sec. 13, 16, 17, 18 of the UAPA, sec. 25 and 27 of the Arms Act and sec. 3 and 4 of the Prevention of Damage to Public Property Act,1984 and other offences under Indian Penal Code, 1860.

The writ petition therefore challenges the imposition of sec. 13, 16, 17, 18 of the UAPA in the chargesheet filed against Hussain under FIR 59/2020. The plea seeks setting aside of the aforesaid sections and also the grant of sanction for prosecution. 

Additionally, the plea prays for setting aside of the approval given by the review committee towards the grant of sanction for prosecution under UAPA provisions invoked against Hussain.

During the course of hearing, Mathur submitted before the Court that there is no adequate reason accorded under which UAPA charges have been invoked against Hussain.

"Today an act of dissent is being termed as a terrorist activity." Mathur submitted at the outset.

The Court issued notice and sought response of the Centre and the Delhi Government in the matter. The case will now be heard on September 28.

Others who were charge-sheeted in FIR 59/2020 include Jamia Coordination Committee members Safoora Zargar, Meeran Haider and Shifa-Ur-Rehman, activist Khalid Saifi, Shadab Ahmed, Tasleem Ahmed, Salim Malik, Mohd Salim Khan and Athar Khan.

A supplementary chargesheet was thereafter filed in the case against former JNU student leader Umar Khalid and JNU student Sharjeel Imam.

In a similar development, the High Court will be hearing on August 6 the bail pleas filed by Hussain in the two FIRs registered against him in connection with the northeast Delhi riots case.

Additionally, observing that it is prima facie apparent that Tahir Hussain used his muscle power and political clout to act as a kingpin in planning, instigating and fanning the flames of communal conflagration, a Delhi Court recently dismissed his bail applications in two Delhi Riots cases.